In the present case, the Constitutional Court found that in having considered climate change as public interest opposing the permitting of a third runway at Vienna International Airport, the deciding court had comprehensively misjudged the applicable law and thus acted arbitrarily. ‘Climate change’, the public interest in climate protection respectively, is not a public interest reflected in the Austrian Aviation Act, which the deciding court relied upon; interpreting the Act in light of the Austrian Federal Constitutional Act on Sustainability cannot newly found such a public interest. Highly anticipated, the judgment of the Constitutional Court surprises with its line of reasoning in arriving at this conclusion.
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